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24-month ‘probie’ status before employment restructured by workers

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MANILA, Philippines – There are signs of anger in some sectors of the industry after news broke that the probationary status of employees and employees could be extended for two years before employment could be finalized.

It was September 24 when Rep. Jose Singson Jr. House Bill 4802 aimed to get the employee signed before the two-year term is permanent.

In a PSN interview, Kilusang Mayo Uno said that the “endo” (end of contract) was now only six months before the probationary period could be completed.

“It makes the workers temporary rather than regular,” said Elmer “Ka Bong” Labog, KMU chairman.

“Endo” refers to the termination of an employee or worker before six months – the length of time required by the Labor Code before making the worker permanent.

Unlike probationary employees, regular security under tenure under Article 279 of the Labor Code is protected by “security of tenure”:

“In cases of regular employment, the employer shall not terminate the services of an employee except for a just cause or when authorized by this Title. An employee who is unjustly dismissed from work shall be entitled to reinstatement without loss of seniority rights and other privileges and to his full backwages, inclusive of allowances, and to his other benefits or their monetary equivalent computed from the time his compensation was withheld from him up to the time of his actual reinstatement.”

“The proposal to extend the probationary period of a new employee to 24 months is another blow to the workers,” Labog added.

Singson’s defense, however, said it would be easier for people who go through 24-month probation status to be regular full-time employees.

“Lengthening the employer’s probationary stage will give employees more opportunities to prove their worth to the employer, that they have the necessary skills, talents and other qualifications that will drive their regularization along with mandatory benefits,” Singson said.

He had earlier said that six months was not enough to go through the necessary “developmental training” and job search criteria to ensure that they could meet the demands of the employer.

An additional probationary period would also prevent the “automatic regularization of unqualified employees.”

Luke Roh, the national chairman of the Filipino Workers’ Union, replied that Singson wanted to destroy the dignity of the Filipino worker.

“Why does it take two years for the worker to prove his worth in the capitalist business?” said the Spirit.

“Would it not have been for the labor force, paid only by a modest wage, that the capitalist would not have been making a decent profit?”

‘6 months enough’

That is according to Rep. Ferdinand Gaite (Bayan Muna party-list). “That’s too long. The current six months are enough to determine if an employee deserves a job,” Gaite said.

Gaite is one of those who filed House Bill 3381, which aims to ban all forms of contractualization, endo and labor-only contracting.

The militant lawmaker added that Singson’s proposal would only deny the workforce their right to security of tenure and benefits.

“Extending the probationary period is just extending their time to the ’employment limo,'” Gaite said.

Rather than enforcing it, it would be best to just pass the real Security of Tenure Law worker.

The BMP, formerly known rival of the national democratic Left, has also expressed their support for HB 3381 of the Makabayan bloc.

Meanwhile, Bayan Muna is concerned that the Department of Labor and Employment is proposing a version of the SOT bill, something that has already been presented to the House Committee on Labor, due to provisions on fixed-term employment and intensification of contractualization.

“We will not allow it, we will contract it,” Gaite added.

Moises Lincoln Divero Alicante

I am a professional journalist based in Manila with extensive experience in covering stories related to Law and Politics. I graduated from St. Dominic Savio College in 2006 and worked for The Manila Bulletin (mb.com.ph) for most of my career since then. While my expertise is in affairs within this country, I also take an active interest in international politics and world news. I am the original founder of PhilippineNewsDaily.com and am responsible for all editorial decisions.

5/F Boi385 Sen. Gil Puyat Avenue 1200, Makati City, Manila
Phone Number: +63-280-5551-134
Email: Moises@philippinenewsdaily.com
Moises Lincoln Divero Alicante
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Bongbong’s poll protest vote postponed

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MANILA, Philippines – The Supreme Court of the Presidential Electoral Tribunal adjourned yesterday to vote on October 15 on election protest by former Senator Ferdinand “Bong Bong” Marcos Jr.. against Vice President Leni Robredo.

Last week, PET also deferred action on Associate Justice Alfredo Benjamin Caguioa’s report in a Marcos protest.

Caguioa was the member-in-charge of the case.

Caguiao submitted on September 9 its report on the results of the recount in three pilot provinces of Marcos which include Iloilo, Negros Oriental and Camarines Sur but has not yet been voted on by the High Court.

The result of the recount of votes in such provinces in the 2016 election will determine whether or not Marcos’ protest will be dismissed. If left untreated, PET will extend recount coverage to 24 provinces and cities covering the 30,000 election precinct.

Marcos filed in June 2016 an electoral protest to challenge Robredo’s victory, which garnered 260,000 votes in the presidential election.

Moises Lincoln Divero Alicante

I am a professional journalist based in Manila with extensive experience in covering stories related to Law and Politics. I graduated from St. Dominic Savio College in 2006 and worked for The Manila Bulletin (mb.com.ph) for most of my career since then. While my expertise is in affairs within this country, I also take an active interest in international politics and world news. I am the original founder of PhilippineNewsDaily.com and am responsible for all editorial decisions.

5/F Boi385 Sen. Gil Puyat Avenue 1200, Makati City, Manila
Phone Number: +63-280-5551-134
Email: Moises@philippinenewsdaily.com
Moises Lincoln Divero Alicante
Continue Reading

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Suspension is ‘normal for lawyers,’ Gadon says

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MANILA, Philippines – President Rodrigo Duterte’s controversial lawyer and supporter Larry Gadon has been slapped with his Supreme Court suspension from attorneys’ fees.

“Suspicions are common among hard-working and well-known attorneys,” Gadon said in a statement Tuesday in English.

It will be imposed for three months, or 90-day suspension to practice law.

“Sometimes it can be hard to really be sarcastic and use sarcastic language in the shallow arguments of fellow lawyers,” he added.

According to the Supreme Court, Gadon is guilty of “culpable violation” of Rule 8.10, Canon 8 of the Code of Professional Responsibility.

The decision stemmed from a 2009 disbarment case filed by him by dermatologist Helen Joselina Mendoza.

Those convicted of disbarment will forever be barred from advocating.

Gadon will be remembered as a social media phenomenon after shouting “stupid” and raising a “dirty finger” on former Chief Justice Maria Lourdes Sereno’s protesters, who were facing impeachment.

To his surprise now, he seems to be getting more attention as more lawyers are given worse sanctions.

Gadon thanks SC

Despite the sentencing, Gadon was able to thank several Supreme Court justices, including some justices he had previously ruled against.

“I am grateful to Associate Justice Antonio Carpio for his objective and only given three months of suspension, and not a disbarment or two year suspension,” he said.

He said this even when Gadon had previously called for him not to be named chief justice after Sereno’s ouster.

Gadon also said that Carpio could be “impeached” by interfering with executive decisions on the West Philippine Sea issue.

“So I respect him for his objectivity to my suspension three months 10 years since the case was filed against me,” he added.

He was also pleased with Associate Justice Caguioa’s three-month suspension although he was critical of the alleged slow progress of electoral protest by former Senator Bongbong Marcos.

Caguioa is the member-in-charge of the Marcos case, which is questioning the victory of Vice President Leni Robredo.

Former President Ferdinand Marcos is known for being loyal to Gadon.

Moises Lincoln Divero Alicante

I am a professional journalist based in Manila with extensive experience in covering stories related to Law and Politics. I graduated from St. Dominic Savio College in 2006 and worked for The Manila Bulletin (mb.com.ph) for most of my career since then. While my expertise is in affairs within this country, I also take an active interest in international politics and world news. I am the original founder of PhilippineNewsDaily.com and am responsible for all editorial decisions.

5/F Boi385 Sen. Gil Puyat Avenue 1200, Makati City, Manila
Phone Number: +63-280-5551-134
Email: Moises@philippinenewsdaily.com
Moises Lincoln Divero Alicante
Continue Reading

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